§438-B. Timber harvesting and timber harvesting activities in shoreland areas; authority of
Director of the Bureau of Forestry in the Department of Agriculture, Conservation
and Forestry

Except as provided in subsection 4, beginning on the effective date established under
subsection 5, rules adopted by the Commissioner of Conservation under Title 12, section
8867-B apply statewide for the purpose of regulating timber harvesting and timber
harvesting activities in shoreland areas. [2005, c. 226, §3 (AMD).]

1.Definitions.
As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.

2.Municipal acceptance of statewide standards.
A municipality may choose to have the statewide standards apply to timber harvesting
and timber harvesting activities in that municipality by authorizing the repeal of
all provisions within the municipal shoreland zoning ordinance that regulate timber
harvesting and timber harvesting activities in shoreland areas and notifying the director
of the repeal. The authorization must specify a repeal date. When a municipality accepts the statewide standards in accordance with this subsection,
the director shall administer and enforce the statewide standards within that municipality
beginning on the effective date established under subsection 5 or the municipal repeal date specified in the notification received under this subsection.

[
2011, c. 599, §10 (AMD)
.]

3.Municipal adoption of ordinance identical to statewide standards.
A municipality may adopt an ordinance to regulate timber harvesting and timber harvesting
activities that is identical to the statewide standards. A municipality that adopts
an ordinance under this subsection may request the director to administer and enforce
the ordinance or to participate in joint administration and enforcement of the ordinance
with the municipality beginning on the effective date established under subsection
5 or within 60 days of the director's receiving a request. When a municipality requests joint responsibilities, the director and the municipality
shall enter into an agreement that delineates the administrative and enforcement duties
of each. To continue to receive administrative and enforcement assistance from the
director under this subsection, a municipality must amend its ordinance as necessary
to maintain identical provisions with the statewide standards.

[
2011, c. 599, §10 (AMD)
.]

4.Municipal ordinances that are not identical to statewide standards.
A municipal ordinance regulating timber harvesting and timber harvesting activities
that is in effect and consistent with state laws and rules in effect on December 31,
2005 continues in effect unless action is taken in accordance with subsection 2 or
3. A municipality that retains an ordinance with provisions that differ from the
statewide standards shall administer and enforce that ordinance unless the municipality requests that the director administer and enforce the ordinance
and the director agrees with the request after reviewing the ordinance. The director
may not administer or enforce any ordinance that is more stringent than or significantly
different from the requirements of section 438-A. A municipality may not amend a municipal ordinance regulating timber harvesting
and timber harvesting activities unless the process established in Title 12, section
8869, subsection 8 is followed. Beginning on the effective date established under
subsection 5, a municipality may not amend an ordinance regulating timber harvesting
and timber harvesting activities in a manner that results in standards that are less
stringent than or otherwise conflict with the statewide standards.

[
2011, c. 599, §10 (AMD)
.]

5.Effective date for statewide standards.
Except as provided in subsection 4, rules adopted by the Commissioner of Conservation
under Title 12, section 8867-B apply statewide beginning on the first day of January
of the 2nd year following the year in which the Commissioner of Agriculture, Conservation
and Forestry determines that at least 252 of the 336 municipalities identified by
the Commissioner of Agriculture, Conservation and Forestry as the municipalities with
the highest acreage of timber harvesting activity on an annual basis for the period
1999-2003 have either accepted the statewide standards in accordance with subsection
2 or have adopted an ordinance identical to the statewide standards in accordance
with subsection 3. Within 30 days of making the determination that the 252-municipality
threshold has been met, the Commissioner of Agriculture, Conservation and Forestry
shall notify the Secretary of State in writing and advise the secretary of the effective
date for the statewide standards.

6.Effective date for statewide standards in certain municipalities.
Notwithstanding any provision in a local ordinance to the contrary, beginning January
1, 2013 rules adopted by the Commissioner of Conservation under Title 12, section
8867-B apply in all municipalities that have either accepted the statewide standards
in accordance with subsection 2 or have adopted an ordinance identical to the statewide
standards in accordance with subsection 3.